A top engineering contractor for Metro government entertained city officials inside a company suite at Bridgestone Arena and in several cases, the employees did not appear to pay for the tickets.
Ayrika L Whitney, The Tennessean

He also said the city is "prepared to fully cooperate" if the comptroller's office decides to pursue an investigation.

In a Friday letter, Briley alerted Tennessee Comptroller Justin Wilson to evidence that Collier Engineering, a Metro street-paving contractor, billed the city for work while the billing employees attended an NCAA Men's Basketball Tournament game on March 16, 2018, in the company's suite in Bridgestone Arena.

Mayor cites state law on government fraud

As a public official, Briley is required by state law to report possible unlawful conduct to the comptroller.

Briley pointed to state law on fraud reporting in local government that defines illegal conduct as "theft, forgery, credit or debit card fraud, or any other act of unlawful taking, waste, or abuse of, or official misconduct ... involving public money, property or services."

"There is no dispute that the employees were, in fact, in the Collier Engineering suite at the tournament that day," Briley wrote.

Collier Engineering officials, along with Metro employees, in a Bridgestone Arena suite in March 2018.(Photo11: Submitted)

"We are reviewing other information regarding additional billings," he added. "If you decide that your office should begin an investigation, we are prepared to cooperate fully, provide any information requested, and work together in the interest of Nashville citizens."

John Dunn, spokesman for the comptroller's office, would not say Monday whether the comptroller plans to investigate Collier's billing practices.

"The comptroller's office has broad authority to review local governments including the city of Nashville," Dunn said. "It is our policy to not comment further."

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Nashville Mayor David Briley(Photo11: Andrew Nelles / The Tennessean)

Contractor 'welcomes' any review

Saul Solomon, the attorney for Collier Engineering and former Metro law director, noted the mayor's legal requirement to notify the comptroller whenever Metro believes any type of fraud may have occurred.

He said it's the company's understanding that the billings and documentation from March 16 are still under review by the Metro Procurement Office per the request of former Judge Patricia Cottrell, the mayor's recently appointed chief compliance officer.

He said Collier Engineering, which has rejected any accusation of fraudulent billing, stands by the company's previous comments.

"We feel confident that every dollar billed to Metro Government over Collier’s 30-year relationship with the city has been an honest account of the work done," Solomon said. "And Collier welcomes any review process."

The Tennessean last week reported on photos taken in secret showing four top-level executive employees spending much of March 16, 2018, in the company's suite mingling with city officials during NCAA college basketball games.

These same employees billed Metro for 33.5 hours, totaling more than $5,000, on that day.

Briley commits to 'swift action' to ensure procurement transparency

"I continue to be committed to swift action when it comes to ensuring our procurement and contracting practices are ethical and transparent at every turn," Briley, who is up for re-election in August, said in a statement.

"Based on the information we have been provided and our own internal investigation, we determined this matter needed to be referred to the State Comptroller’s Office, pursuant to state statute. To this end, I sent a letter to Justin Wilson today."

Chad Collier, president of Collier Engineering, has said the company found one "honest data-entry mistake" that accounted for one of the billings. The company has promised to pay back that sum, $900, to Metro for the oversight.

In rejecting any suggestion that Collier Engineering fraudulently billed time to Metro, he argued that workers in the construction and engineering field sometimes start their day as early as 6 a.m., among other things.

Collier Engineering was the subject of a Metro internal audit in October that found "an appearance of preferential treatment" to the firm after Metro employees accepted free tickets to multiple sporting events earlier in the year inside the company's arena suite, violating the city's ethics policy for procurement.

Collier Engineering has won $48.7 million in Metro contracts since 2010 for street paving, sidewalks and other work. It's triple the annual payments from a decade ago. Despite the cozy relationship and appearance of preferential treatment, the audit dismissed eight other allegations against the firm as "unsubstantiated."

Reach Joey Garrison at 615-259-8236, jgarrison@tennessean.com and on Twitter @JoeyGarrison.

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